§ 4904 — Enforcement

Pennsylvania § 4904

• Jurisdiction: Pennsylvania
• Title 40: INSURANCE
• Part: PART II
• Ch. 49: PAYMENT CHOICE

Text

(a) Penalties.--Upon satisfactory evidence of the violation of this chapter by a health insurer or any other person, one or more of the following penalties may be imposed at the commissioner's discretion:

(1) A fine of not more than $5,000 for each violation of this chapter.

(2) A fine of not more than $10,000 for each willful violation of this chapter.

(b) Limitations.--

(1) Fines imposed against an individual insurer under this chapter may not exceed $500,000 in the aggregate during a single calendar year.

(2) Fines imposed against any other person under this chapter may not exceed $100,000 in the aggregate during a single calendar year.

(c) Additional remedies.--The enforcement remedies imposed under this section are in addition to any other remedies or penalties that may be imposed under any other applicable law of this Commonwealth, including:

(1) The act of July 22, 1974 (P.L.589, No.205), known as the Unfair Insurance Practices Act. Violations of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice under that act.

(2) The act of December 18, 1996 (P.L.1066, No.159), known as the Accident and Health Filing Reform Act.

(3) The act of June 25, 1997 (P.L.295, No.29), known as the Pennsylvania Health Care Insurance Portability Act.

(d) Administrative procedure.--The administrative provisions of this section shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies). A party against whom penalties are assessed in an administrative action may appeal to Commonwealth Court as provided in 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).